1. Intent to enter agreement; 2. intent to commit offense; 3. one of co-conspirators committed act in furtherance of agreement.

- Must be bilateral

- Intent can be inferred from stake in the venture;

- Overt act of any one conspirator counts as act; some jurisdictions require bilateral agreement (one person can't form conspiracy by himself)

- Withdrawal not defense to conspiracy but liability for subsequent act

- Withdrawal: notify others in conspiracy w/ time for others to withdraw.

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Conspiracy (MPC)

- Section 5.03(2) 1. purpose to promote or facilitate an offense; 2. agreement to have one of them engage in conduct that constitutes crime OR agree to aid in planning commission of such crime or attempt or solicitation to commit such crime.

- If you, as a conspirator, know that co-conspirator has conspired with another to commit the same crime, you're guilty of conspiring with them--whether you know them or not.

- Impossibility = NO defense

- No Pinkerton or Wharton

Wharton's Rule

An agreement by two persons to commit a particular crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily require the participation/agreement of two persons for its commission.

Examples: dueling, adultery, etc.

Pinkerton Doctrine (applies only to C/L)

If we are all in a conspiracy, we are all guilty of substantive offenses of the other members